Love's truck stop appeal filed

Monday

Aug 18, 2014 at 10:47 PMAug 18, 2014 at 10:47 PM

By Peg.McNichol@hollandsentinel.com(616) 546-4269

The 171 Holland Township residents who went to court to stop a proposed truck stop — and lost — are appealing 20th Circuit Court Judge Jon VanAllsburg opinion.The judge rejected the residents' court action last month, basing his decision in part on township meeting minutes. His opinion said the truck stop opponents didn't show enough "special injury, a right nor substantial interest" to justify the suit."If the members of this group aren't the appropriate party to make this appeal, then there’s no one in the greater Holland community that could make this appeal," said Scott Dienes, the residents' attorney. "Just because it’s a generalized complaint ... like traffic danger ... doesn't mean it cannot be more pronounced or have a more profound impact on people who live closer to the site."That idea of people living closer to the site being more affected by property changes is, he said, part of the Michigan's Zoning Enabling Act, which says anyone living within 300 feet of a certain property will be more affected than those beyond.There are no homes within the 300-foot limit, but the truck stop opponents do live in nearby subdivisions and routinely use the stretch of Adams Street near the proposed truck stop site.The group filed suit in April, after township officials granted Love's Travel Stops & Country Stores received a special-use permit for the site as well as multiple variances. The company plans to build a $10 million 24-hour truck stop, with two restaurants and a separate tire store on the 13-acre site to open next year. The site would include 69 parking spaces for trucks, with 40 reserved for overnight parking. Love's officials indicated they anticipate seeing at least 300 trucks and 700 passenger cars on a daily basis. The variances allow for much larger, lighted signs for the proposed site, on Adams Street just east of I-196.The residents formed a grassroots community action group called One by One to raise money for the court fight. That was after attending several meetings to raise concerns about risks related to increased traffic, noise and pollution. Residents were denied the right to speak at the planning commission's March 3 meeting; township trustees later issued a reminder to all boards to comply with state law that requires public comment time at every meeting. The planning commission has since begun updating its bylaws and other rules to comply with a 2008 state law.One by One members have said they are not against truckers, but feel the company needs to find a better location.Judge VanAllsburg, as well as township and Love's attorneys, indicated the residents could express themselves via the ballot box. Dienes said court action was necessary because planning commissioners are appointed, not elected. Love's will build the truck stop before the next township board election, he said.The planning commission's actions, Dienes said, is "a great example of this unilateral action that is wholly outside the power" granted by state statute and the township's own zoning ordinance."This is a use the township never contemplated in the township," he said.A court action was the residents' only way to appeal the planning commission's decision favoring Love's."What the group is saying loudly and clearly is there’s been no genuine review of the action of the planning commission," Dienes said, "which we think clearly violated state law and the township's zoning ordinance. There’s been no review of the merits of that action."— Follow this reporter on Facebook and Twitter, @SentinelPeg.